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(영문) 서울고등법원 2015.09.04 2014누7741
부당이득금납입고지취소
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in combination with the whole purport of the pleadings, either as to Gap evidence 1 to 4, Eul evidence 1 to 5, Eul evidence 2-1 to 6, Eul evidence 3-1, and Eul evidence 2:

The plaintiff is a doctor who operates "C Council member" as an industrial accident insurance-related medical institution under Article 43 (1) of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Compensation Insurance Act") on the fourth floor of Seo-gu Incheon Metropolitan City.

B. On October 21, 2010, the Plaintiff issued a medical certificate of disability "(i) with the name of injury caused by an occupational accident: the name of injury: the upper part of the front part of the left part, the damage to the upper part of the left part, the damage to the upper part of the left part, the left part-hand part, the refluence of the disability: ② the left part-hand part: 2) the upper part of the disability: 35∑ 35·(the normal scope 60· 70%) the upper part of the hand-hand part; 65·65·the normal range (the normal range 70· 20· 20· the normal range 15· 30· the normal range); 30· the upper part of the body; 30·the upper part of the body of disability which caused an occupational accident; and

C. D and E submitted each of the above disability diagnosis certificates issued by the Plaintiff to the Defendant, and D were determined by the Defendant as class 14th 10 of the disability grade on November 15, 2010, and received KRW 6,022,500 for disability compensation benefits on November 15, 2010, and E was determined by the Defendant as class 10th 13 of the disability grade, and received KRW 28,185,300 for disability compensation benefits on December 27, 2010.

From April 1, 201 to May 17, 2011, the Defendant conducted a joint investigation into the representative labor company G of the F Labor Law Firm entrusted by D, E, etc. with the Incheon Regional Police Agency, and had D and E undergo a special medical examination at the Incheon Industrial District Hospital operated by the Defendant.

E is concerning the state of disability at the Incheon Industrial Complex on April 7, 2011.

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